¶1(concurring in comments on denial of petition for rehearing).
¶2In view of the comments of Justice. Ellett in denying the petition for rehearing, I desire to make the following observations:
¶3I reaffirm the position taken in my dissent to the main opinion and my belief that that decision is in error. Nevertheless, I am obliged to acknowledge that it is now the law of this state. That being so, I think the explanation by Justice Ellett in the supplemental opinion may be helpful in minimizing the difficulties brought about by the decision. I therefore concur with his explanatory comments with the thought in mind that they may prove useful in the practical operation of state government.